Chapter 14

The Government was not ready to proceed to trial until 1664. For three years the sharpest lawyers in France had been working on the Act of Accusation. It was very large even for its age. The accompanying _Pièces_ were unusually voluminous. The accused had not been idle. His _Défenses_ may be seen in fourteen closely printed Elzevir 18mos.

The unabated rigor of Fouquet's prison had convinced his friends that it was useless to hope for clemency, and that it might be difficult to save his life. The King was as malignant as at first; Colbert and Le Tellier as venomous, as if it had been a question of Fouquet's head or their own. They talked about justice, affected moderation, and deceived nobody. Marshal Turenne, speaking of their respective feelings in the matter, said a thing which was considered good by the _bel-esprits_:--"I think that Colbert is the more anxious to have him hanged, and Le Tellier the more afraid he will not be."

But meantime the Parisians had changed their minds about the Surintendant. Now, they were all for him. His friends had done much to bring this about; time, and the usual reaction of feeling, had done more. His haughtiness and his pomp were gone and forgotten; there remained only an unfortunate gentleman, crushed, imprisoned, threatened with death, attacked by his enemies with a bitterness which showed they were seeking to destroy the man rather than to punish the criminal,--yet bearing up against his unexampled afflictions with unshaken courage. The great Public has strong levelling propensities, both upward and downward. If it delights to see the prosperous humbled, it is always ready to pity the unfortunate; and even in 1664 the popular feeling in Paris was powerful enough to check the ministers of an absolute king, and to save Fouquet's life. His persecutors were so eager to run down their prey that they overran it "In their anxiety to hang him," some one said, "they have made their rope so thick that they cannot tighten it about his neck."

In November, 1664, Fouquet was brought before a commission of twenty-two judges, selected from the different Parliaments of the kingdom. After protesting against the jurisdiction of the court, he took his seat upon the _sellette_, although a chair had been prepared for him beside it. The interrogatories commenced. There were two principal charges against him. First, diversion of the public funds to his own use,--embezzlement or defalcation we should call it. Proof: his great expenditure, too large for any private fortune. Answer: that his expenses were within the income he derived from his salaries, pensions, and the property of himself and wife. He was questioned closely upon his administration of the finances. He was invariably self-possessed and ready with an answer, and he eluded satisfactorily every attempt of the judges to entrap him, although, as one of his best friends confessed, "some places were very slippery." The second charge, treason against the State, was based upon a paper addressed to his wife, and found in his desk. Fifteen years before, after a quarrel with Mazarin, he had drawn up a plan of the measures to be taken by his family and adherents in case of an attack upon his life or liberty. It was a mere rough draught, incomplete, which had remained unburned because forgotten. The fortifications of Belleîle and the number of his retainers were brought up as evidence of his intention to carry out the "_projet_," as it was called, if it became necessary. Fouquet's explanations, and the date of the paper, were satisfactory to the majority of the Commission. At last even the Chancellor admitted that the proof was insufficient to sustain this part of the accusation. Fouquet's answer to Séguier, during the examination on the "_projet_," was much admired, and repeated out-of-doors. Séguier asserted more than once, "This is clearly treason." "No," retorted Fouquet, "it is not treason; but I will tell you what is treason. To hold high office, to be in the confidence of the King; then suddenly to desert to the enemies of that King, to carry over relatives, with the regiments and the fortresses under their command, and to betray the secrets of State: that is treason." And that was exactly what Chancellor Séguier had done in the Fronde.

In French criminal jurisprudence, the theory seems to be that the accused is guilty until he has proved his innocence, and those conversant with French trials need not be told that the judges assist the public prosecutor. In this case, they sought by cross-examinations to confuse Fouquet, and to entrap him into dangerous admissions. Séguier sternly repressed any leanings in his favor; he even reproved some of the judges for returning the salutation of the prisoner, as he entered the court-room.

The trial lasted five weeks. All Paris looked on absorbed, as at a drama of the most exciting interest. Fouquet never appeared so admirable as then, at bay, firmly facing king, ministers, judges, eager for his blood, excited by the ardor of pursuit, and embittered by the roar of applause with which his masterly defence was received out-of-doors. Even those who knew the Surintendant best were astonished at his courage and his presence of mind. He seemed greater in his adversity than in his magnificence. Some of the judges began to waver. Renard, J., said,--"I must confess that this man is incomparable. He never spoke so well when he was _Procureur_; he never showed so much self-possession." Another, one Nesmond, died during the trial, and regretted openly on his death-bed that he had lent himself to this persecution. The King ordered that this dying speech and confession should not be repeated, but it circulated only the more widely.

"No public man," Voltaire says, "ever had so many personal friends"; and no friends were ever more faithful and energetic. They repeated his happy answers in all quarters, praised his behavior, pitied his sufferings, and reviled and ridiculed his enemies. They managed to meet him, as he walked to and from the Arsenal, where the Commission sat, and cheered him with kind looks. Madame de Sévigné tells us how she and other ladies of the same faith took post at a window to see "_notre pauvre ami_" go by. "M. d'Artagnau walked by his side, followed by a guard of fifty _mousquetaires_. He seemed sad. D'Artagnau touched him to let him know that we were there. He saluted us with that quiet smile we all knew so well." She says that her heart beat and her knees trembled. The lively lady was still grateful for that compliment.

The animosity which the King did not conceal made an acquittal almost hopeless, but great efforts were made to save the life of the Surintendant. Money was used skilfully and abundantly. Several judges yielded to the force of this argument; others were known to incline to mercy. Fouquet himself thought the result doubtful. He begged his friends to let him know the verdict by signal, that he might have half an hour to prepare himself to receive his sentence with firmness.

The Commission deliberated for one week,--an anxious period for Fouquet's friends, who trembled lest they had not secured judges enough to resist the pressure from above. At last the court was reopened. D'Ormesson, a man of excellent family and social position, who had favored the accused throughout the trial, delivered his opinion at length. He concluded for banishment. The next judge voted for decapitation, but with a recommendation to mercy. Next, one Pussort, a malignant tool of the Chancellor, inveighed against Fouquet for four hours, so violently that he injured his case. His voice was for the gallows,--but, in consideration of the criminal's rank, he would consent to commute the cord for the axe. After him, four voted for death; then, five for banishment. Six to six. Anxiety had now reached a distressing point. The Chancellor stormed and threatened; but in vain. On the twenty-fifth of December the result was known. Nine for death, thirteen for banishment. Saved! "I am so glad," Sévigné wrote to Simon Arnauld, "that I am beside myself." She exulted too soon. The King was not to be balked of his vengeance. He refused to abide by the verdict of the Commission he himself had packed, and arbitrarily changed the decree of banishment to imprisonment for life in the Castle of Pignerol,--to solitary confinement,--wife, family, friends, not to be permitted to see the prisoner, or to write to him; even his valet was taken away.

Thus the magnificent Surintendant disappeared from the world forever,--buried alive, but indomitable and cheerful. His last message to his wife was, "I am well. Keep up your courage; I have enough for myself, and to spare."

"We still hope for some relaxation," Sévigné writes again; but none ever came from the narrow-hearted, vindictive King. He exiled Roquesante, the judge who had shown the most kindness to Fouquet, and turned an _Avocat-Général_ out of office for saying that Pussort was a disgrace to the Parliament he belonged to. Madame Fouquet, the mother, famous for her book of prescriptions, "Recueil de Recettes Choisies," who had cured, or was supposed to have cured, the Queen by a plaster of her composition, threw herself at the King's feet, with her son's wife and children. Their prayer was coldly refused, and they soon received an order to reside in remote parts of France. Time seemed to have no mollifying effect upon the animosity of the King. Six years later, a young man who attempted to carry a letter from Fouquet to his wife was sent to the galleys; and in 1676, fifteen years after the arrest, Madame de Montespan had not influence enough to obtain permission for Madame Fouquet and her children to visit the prisoner.

This cruel and illegal punishment lasted for twenty years, until an attack of apoplexy placed the Surintendant beyond the reach of his torturer. So lost had he been in his living tomb, that it is a debated point whether he died in Piguerol or not. He has even been one of the candidates for the mysterious dignity of the Iron Mask. In his dungeon he could learn nothing of what was passing in the world. Lauzun, whose every-day life seemed more unreal and romantic than the dreams of ordinary men, was confined in Pignerol. Active and daring as Jack Sheppard, he dug through the wall of his cell, and discovered that his next neighbor was Fouquet. When he told his fellow-prisoner of his adventures and of his honors, how he had lost the place of Grand Master of the Artillery through Louvois, and had only missed being the acknowledged husband of the grand-daughter of Henry IV. because Madame de Montespan persuaded the King to withdraw his consent, Fouquet, who recollected him as a poor _cadet de famille_, thought him crazy, and begged the jailer to have him watched and properly cared for.

The Surintendant had twice wounded the vanity of his King. He had presumed to have a more beautiful _château_ than his master, and had unluckily fancied the same woman. Louis revenged himself by burying his rival alive for twenty years. That Fouquet had plotted rebellion nobody believed. He was too wise a politician not to know that the French were weary of civil war and could not be tempted to exchange one master for half a dozen military tyrants. That he had taken the public money for his own use was not denied, even by his friends; and banishment would have been a just punishment, although, perhaps, a harsh one. For it is hardly fair to judge Fouquet by our modern standard of financial honesty, low as that may be. We, at least, try to cover up jobs, contracts, and defalcations by professions or appearances. The difficulty of raising money for the expenses of Government in a state impoverished by years of internal commotions had accustomed public men to strange and irregular expedients, and unscrupulous financiers catch fine fish in troubled waters. Mazarin openly put thousands of livres into his pocket; the Surintendant imitated him on a smaller scale. But, if he paid himself liberally for his services, he also showed energy and skill in his attempts to restore order and economy in the administration of the revenue. After his disgrace money was not much more plenty. France, it is true, tranquil and secure within her borders, again showed signs of wealth, and was able to pay heavier taxes; but the King wasted them on his wars, his _châteaux_, and his mistresses, as recklessly as the Surintendant. He had no misgivings as to his right to spend the people's money. From his principle, "_L'État, c'est moi_," followed the corollary, "The income of the State is mine." From 1664 to 1690 one hundred and sixteen millions of livres were laid out in unnecessary _hôtels, châteaux_, and gardens. His ministers imitated him at a humble distance. Louvois boasted that he had reached his fourteenth million at Meudon. "I like," said Louis, "to have those who manage my affairs skilfully do a good business for themselves."

Before many years had passed, it was evident that Colbert, with all his energy and his systems, did not make both the financial ends meet any better than the Surintendant. A merchant of Paris, with whom he consulted, told him,--"You found the cart upset on one side, and you have upset it on the other." Colbert had tried to lighten it by striking eight millions of _rentes_ from the funded debt; but it was too deeply imbedded in the mire; the shoulder of Hercules at the wheel could not have extricated it. After Colbert was removed, times grew harder. Long before the King's death the financial distress was greater than in the wars and days of the Fronde. Every possible contrivance by which money could be raised was resorted to. Lotteries were drawn, tontines established, letters of nobility offered for sale at two thousand crowns each. Those who preferred official rank could buy the title of Councillor of State or of Commissioner of Police. New and profitable offices were created and disposed of to the highest bidder,--inspectorships of wood, of hay, of wine, of butter. Arbitrary power, no matter whether we call it sovereign prince or sovereign people, falls instinctively into the same ways in all times and countries. The Demos of a neighboring State, absolute and greedy as any monarch, have furnished us with plenty of examples of this last imposition upon industry. Zealous servants are rewarded and election-expenses paid by similar inspectorships and commissionerships, not only useless, but injurious, to every one except those who hold them.

When these resources became exhausted, a capitation-tax was laid, followed by an assessment of one tenth, and the adulteration of the currency. The King cut off the pension-list, sold his plate, and dismissed his servants. Misery and starvation laid waste the realm. At last, the pompous, "stagy" old monarch died, full of infirmities and of humiliations; and the road from the Boulevard to St. Denis was lined with booths as for a _fête_, and the people feasted, sang, and danced for joy that the tyrant was in his coffin. Time, the _galantuomo_, amply avenged Fouquet.

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AMONG THE MORMONS.

The approach to Salt Lake City from the east is surprisingly harmonious with the genius of Mormonism. Nature, usually so unpliant to the spirit of people who live with her, showing a bleak and rugged face, which poetically should indicate the abode of savages and ogres, to Hans Christian Andersen and his hospitable countrymen, but lavishing the eternal summer of her tropic sea upon barbarians who eat baked enemy under her palms, or throw their babies to her crocodiles,--this stiff, unaccommodating Nature relents into a little expressiveness in the neighborhood of the Mormons, and you feel that the grim, tremendous _cañons_ through which your overland stage rolls down to the City of the Saints are strangely fit avenues to an anomalous civilization.

We speak of crossing the Rocky Mountains from Denver to Salt Lake; but, in reality, they reach all the way between those places. They are not a chain, as most Eastern people imagine them, but a giant ocean caught by petrifaction at the moment of maddest tempest. For six hundred miles the overland stage winds over, between, and around the tremendous billows, lying as much as may be in the trough, and reaching the crest at Bridger's Pass, (a sinuous gallery, walled by absolutely bare yellow mountains between two and three thousand feet in height at the road-side,) but never getting entirely out of the Rocky-Mountain system till it reaches the Desert beyond Salt Lake. Even there it runs constantly among mountains; in fact, it never loses sight of lofty ranges from the moment it makes Pike's Peak till its wheels (metaphorically) are washed by the Pacific Ocean; but the mountains of the Desert may legitimately set up for themselves, belonging, as I believe, to a system independent of the Rocky Mountains on the one side and the Sierra Nevada on the other. At a little _plateau_ among snowy ridges a few miles east of Bridger's Pass, the driver leans over and tells his insiders, in a matter-of-fact manner, through the window, that they have reached the summit-level. Then, if you have a particle of true cosmopolitanism in you, it is sure to come out. There is something indescribably sublime, a conception of universality, in that sense of standing on the water-shed of a hemisphere. You have reached the secret spot where the world clasps her girdle; your feet are on its granite buckle; perhaps there sparkles in your eyes that fairest gem of her cincture, a crystal fountain, from which her belt of rivers flows in two opposite ways. Yesterday you crossed the North Platte, almost at its source (for it rises out of the snow among the Wind-River Mountains, and out of your stage-windows you can see, from Laramie Plains, the Lander's Peak which Bierstadt has made immortal); that stream runs into the sea from whose historic shores you came; you might drop a waif upon its ripples with the hope of its reaching New Orleans, New York, Boston, or even Liverpool. To-morrow you will be ferried over Green River, as near its source,--a stream whose cradle is in the same snow-peaks as the Platte,--whose mysterious middle-life, under the new name of the Colorado, flows at the bottom of those tremendous fissures, three thousand feet deep, which have become the wonder of the geologist,--whose grave, when it has dribbled itself away into the dotage of shallows and quicksands, is the desert-margined Gulf of California and the Pacific Sea. Between Green River and the Mormon city no human interest divides your perpetually strained attention with Nature. Fort Bridger, a little over a day's stage-ride east of the city, is a large and quite a populous trading-post and garrison of the United States; but although we found there a number of agreeable officers, whose acquaintance with their wonderful surroundings was thorough and scientific, and though at that period the fort was a rendezvous for our only faithful friend among the Utah Indians, Washki, the Snake chief, and that handful of his tribe who still remained loyal to their really noble leader and our Government, Fort Bridger left the shadowiest of impressions on my mind, compared with the natural glories of the surrounding scenery.